Section 140.40. Unlawful possession of radio devices

As  used  in  this  section,  the term "radio device" means any device
  capable of receiving a wireless  voice  transmission  on  any  frequency
  allocated  for  police  use,  or  any device capable of transmitting and
  receiving a wireless voice transmission. A person is guilty of  unlawful
  possession  of  a radio device when he possesses a radio device with the
  intent to use that  device  in  the  commission  of  robbery,  burglary,
  larceny, gambling or a violation of any provision of article two hundred
  twenty of the penal law.
    Unlawful possession of a radio device is a class B misdemeanor.